News

Court of Appeals Affirms Summary Judgment Involving Breach of Contract Claim Against Insurance Company

December 7, 2018

Plaintiffs purchased a home in Council Bluffs, Iowa in June 2015. They purchased insurance coverage for the home through Defendant. In September 2015, Plaintiffs’ newly purchased home developed serious foundational deficiencies. After Plaintiffs informed Defendant of the damage, Defendant sent representatives to the home to conduct an investigation. Upon completion of their investigation, Defendant sent […]


Erickson Obtains Defense Verdict in Negligence Case

Ben Erickson recently obtained a defense verdict on behalf of two local clients. The case stemmed from an auto accident with disputed liability. At trial, Erickson presented evidence that the defendant driver was not at fault, and that the plaintiff’s own actions caused the accident. A Polk County jury agreed, and returned a verdict in […]


Iowa Court of Appeals Affirms Jury’s Finding that Plaintiff’s Alleged Symptoms were the Result of Preexisting Conditions

On May 22, 2013, plaintiff’s vehicle was struck from behind by defendant at an intersection. The evidence showed defendant had not applied the gas pedal and was traveling less than five miles per hour. Neither vehicle showed physical damage. The evidence further showed plaintiff had “multiple musculoskeletal problems” prior to the accident at issue. Plaintiff […]


Iowa Supreme Court Casts Doubt on Idiopathic Injury Defense

On November 16, 2018, the Iowa Supreme Court issued a ruling concerning the compensability of idiopathic injuries. The case involved a restaurant employee who had a seizure and fell backwards on a level floor while handling a customer’s order. The Commission declined to award benefits on the grounds that, as a matter of law, idiopathic […]


HOME-EQUITY DEBT LOSES SOME APPEAL

December 5, 2018

One of the many changes that went into effect with the tax overhaul earlier this year was the deductibility of interest accruing from home-equity debt. Previously, homeowners could deduct the interest from up to $100,000 of home-equity debt borrowed for any purpose. For example, if you borrowed $20,000 against your home to pay for a […]


HOW MUCH, IF ANY, LIFE INSURANCE DO I NEED?

Life insurance might be something you spend a lot of time thinking about – or it might be something you don’t think about at all. If you do think about it, you have probably questioned whether you have enough or whether you pay for too much of it. While no one can say for certain […]


IOWA’S ELDERLY WAIVER PROGRAM ALLOWS IOWANS TO STAY HOME

A difficult question many Iowans face is whether they should consider, or whether they can even afford, to place themselves or a loved one in a nursing home or assisted-living center. Iowa responded to this question by creating the Home-and-Community-Based-Services (HCBS) program. Iowa designed this program to provide disabled or elderly Iowans with additional options […]


Iowa Court of Appeals Affirms Dismissal for Failing to Serve Petition Within the 90 Day Window

October 31, 2018

On November 15, 2016, plaintiff filed a petition at law. Prior to doing so, the attorney for the named defendant informed plaintiff’s counsel that he would accept service on behalf of his client. According to plaintiff’s counsel, on December 1, 2016, he sent defendant’s counsel a copy of the petition, original notice, and an acknowledgment […]


Iowa Court of Appeals Affirms Grant of Judgment Notwithstanding the Verdict in Favor of Defendant on Issue of Future Damages

On January 13, 2015, Plaintiff was involved in an automobile accident. Specifically, while Plaintiff was parked on the shoulder of the roadway, Defendant struck the side of her vehicle. As a result of the accident, Plaintiff alleged she suffered injuries to her cervical spine and low back (soft tissue). At trial, Plaintiff offered expert medical […]


Iowa Court of Appeals Affirms Iowa Workers’ Compensation Commission’s Causation Finding in Favor of Employer

For almost 40 years, claimant was employed by the defendant employer, tasked with performing labor intensive job duties including crawling, squatting, kneeling, heavy lifting, and standing. After several years of bilateral knee pain/degeneration, in 2012, claimant underwent a left knee replacement. Claimant alleged that the injury to her knees was the result of a cumulative […]